HomeMy WebLinkAboutMinutes City Council - 08/21/2001I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Council Meeting of the City of Corpus Christi of August 21, 2001, which were approved
by the City Council on August 28, 2001.
WITNESSETH MY HAND AND SEAL, this 28th day of August, 2001.
4-' i vrY
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 21, 2001
1:08 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Rex A. Kinnison
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly*
Jesse Noyola
ABSENT
John Longoria
Mark Scott
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle P. Ramon
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation
was delivered by Pastor Jack L. Carter, Church of the King, and the Pledge of Allegiance to the
United States flag was led by Council Member Garrett. City Secretary Chapa called the roll and
verified that the necessary quorum of the Council and the required charter officers were present to
conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting
of July 24, 2001. A motion was made and passed to approve the minutes as presented. *Council
Member Kelly arrived at 1:12 p.m.
* * * * * * * * * * * * *
Mayor Neal referred to the board and committee appointments on the day's agenda, and the
following appointments were made:
C.C. Bay Area Minority Business
Opportunity Steering Committee
Rene Cantu (Reappointed)
Steve Cervantes (Reappointed)
Adelfino Palacios (Reappointed)
Joe Atkinson (Reappointed)
Gabriel Rivas (Reappointed)
Sylvia Ford
Roland Barrera
C.C. Downtown Management District
Raymond Gignac
Leon Loeb
Ted Puckett
T T T
Park and Recreation Advisory Committee
Anne Baker (Reappointed)
Billy Olivarez (Reappointed)
Gerardo Alvarez (Reappointed)
Robert Anderson
J. Bradley Clarke
Linda Lindsey
Community Youth Development (78415)
Program Steering Committee
Bobbe J. Cummins -Colburn
Kimberly Rhodes
Andrea Walter
Minutes - Regular Council Meeting
August 21, 2001
Page 2
Intergovernmental Commission on Drug
and Alcohol Abuse
Velma Arellano (Reappointed)
Jean Newberry (Reappointed)
Rev. Mark Stewart
**
Animal Control Advisory Committee
Dr. Alan Garrett
Committee for Persons with Disabilities
Mary J. Saenz
* * * * * * * *
*
**
Mayor Neal called for consideration of the consent agenda (Items 3-23). City Secretary Chapa
stated that Items 15.a. -c. had been withdrawn. Council members requested that Item 8 be discussed.
There were no comments from the audience. Mr. Chapa polled the Council for their votes and the
following were passed:
3. M2001-302
Motion approving a supply agreement for photographic film and film development in
accordance with Bid Invitation No. BI -0139-01 with Back in an Hour Photos, Corpus Christi,
Texas, based on only bid for an estimated annual expenditure of $36,995.20. The term of
the agreement will be twelve months with an option to extend for up to two additional
twelve-month periods, subject to the approval of the supplier and the City Manager or his
designee. The film and film development is used by various departments throughout the
City. Funds have been budgeted by the using departments in FY2001-2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
4. M2001-303
Motion approving supply agreements with the following companies for the following
amounts for an estimated 660 replacement batteries for two-way radios in accordance with
Bid Invitation No. BI -0119-01, based on best bid for an estimated annual expenditure of
$41,651.52. The term of the contracts will be for twelve months with options to extend for
up to two additional twelve-month periods, subject to the approval of the suppliers and the
City Manager or his designee. The replacement batteries are used by various City
departments. Funds have been budgeted in FY2001-2002.
ComLink Wireless Technologies, Inc.
Grapevine TX
Items 1, 2
484 Units
$31,214.72
OSI Batteries
San Marcos, CA
Item 3
176 Units
$10,436.80
Total of Awards:
$41,651.52
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
Minutes - Regular Council Meeting
August 21, 2001
Page 3
5. M2001-304
Motion approving a supply agreement with Fisher Scientific Company, Houston, Texas, for
laboratory supplies consisting of various chemicals and supplies in accordance with Bid
Invitation No. BI -0120-01, based on only bid for an estimated annual expenditure of
$43,000. The term of the contract will be for twelve months with an option to extend for up
to two additional twelve-month periods subject to the approval of the supplier and the City
Manager or his designee. Funds have been budgeted in FY2001-2002 by the Water and
Health Departments.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
6. M2001-305
Motion authorizing the City Manager or his designee to execute Change Order No. 6 to
increase the escrow amount with the Texas Department of Transportation in the amount of
$80,507.64 as part of the Kostoryz Road Improvements from Holly Road to Saratoga
Boulevard construction contract in accordance with the Advanced Funding Agreement.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
7. ORDINANCE NO. 024536
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with Koch Petroleum Group, L.P. for the right to install and maintain two 6"
diameter casings containing fiber optic cable approximately 70 -feet across the Up River
Road right-of-way in the 8700 Block of Up River Road, approximately 460 -feet east of the
Clarkwood Road Street right-of-way, connecting Koch facilities on either side of said right-
of-way; establishing a fee of $390.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
9.a. M2001-306
Motion authorizing the City Manager or his designee to execute Attachment Nos. 2, 3, and
4 to Contract No. 7460005741-2002 in the total amount of $408,521 with the Texas
Department of Health in the amount of $162,823 for tuberculosis prevention, $117,975 for
public health administrative services and $127,723 for immunization services.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
Minutes - Regular Council Meeting
August 21, 2001
Page 4
9.b. ORDINANCE NO. 024539
Ordinance appropriating a grant from the Texas Department of Health in the amount of
$408,521 in the No. 1050 Federal/State Grants Fund as follows: $162,823 for tuberculosis
prevention and control; $117,975 for public health administrative services; and $127,723 for
immunization services.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
10.a. M2001-307
Motion authorizing the City Manager or his designee to accept two grants totaling $7,500
from the Texas Book Festival.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
10.b. ORDINANCE NO. 024540
Ordinance appropriating $7,500 from the Texas Book Festival in the No. 6010 Trust Fund
to purchase library materials for the Janet F. Harte, Northwest and Greenwood Libraries;
amending the FY01-02 Budget, adopted by Ordinance No. 024528, to increase
appropriations by $7,500 in the No. 6010 Trust Fund - Library.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
11. M2001-308
Motion authorizing the City Manager or his designee to execute a contract with Tiburon, Inc.
in the amount of $98,875 for maintenance and software support services on the Police
Department's Records Management, Computer Aided Dispatching, Mobile Data Computers,
and Automated Vehicle Location Systems. The term of the contract is one year.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
12.a. M2001-309
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$54,781 from the State of Texas, Criminal Justice Division for funding available under the
Victims of Crime Act (VOCA) Fund and to execute all related documents.
Minutes - Regular Council Meeting
August 21, 2001
Page 5
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
12.b. ORDINANCE NO. 024541
Ordinance appropriating $54,781 from the State of Texas, Criminal Justice Division in the
No. 1050 Federal/State Grants Fund for funding available under the Victims of Crime Act
(VOCA) Fund; transferring $7,695 from the No. 6010 Law Enforcement Trust Fund and
appropriating it in the No. 1050 Federal/State Grants Fund as grant matching funds.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
13. M2001-310
Motion authorizing the City Manager or his designee to enter into an agreement with artist
Deborah Males to provide public art for the Garden Senior Center in the amount of $8,000.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
14.a. M2001-311
Motion authorizing the City Manager or his designee to accept funding in the amount of
$30,322.77 from the West Oso Independent School District E=MC2, 2151 Century Grant
Program to provide a structured after school and school holiday recreation program, in
addition to a one time camping experience for junior high school youth.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
14.b. ORDINANCE NO. 024542
Ordinance appropriating a $30,322.77 grant from the West Oso Independent School
District's E=MC2 21s` Century Grant Program in the No. 1050 Federal/State Grants Fund to
provide an After School Program, a Vacation Day Program, and a Camping Trip during the
school year at West Oso Junior High School.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
14.c. RESOLUTION NO. 024543
Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation
Minutes - Regular Council Meeting
August 21, 2001
Page 6
Agreement with West Oso Junior High School to provide school year programs to youth ages
12 to 16 years in consideration of the payment of $30,322.77 and use of West Oso Junior
High School Facilities.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
15.a. WITHDRAWN
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16.a. M2001-312
Motion authorizing the City Manager or his designee to execute a contract with the Texas
Department of Protective and Regulatory Services for funding in the amount of $500,000
from the Community Youth Development Program for the 78415 Zip Code for projects as
recommended by the Community Youth Development Steering Committee for FY01-02.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
16.b. ORDINANCE NO. 024544
Ordinance appropriating a $500,000 grant from the Texas Department of Protective and
Regulatory Services in the No. 1060 Federal/State Grants Fund for the Community Youth
Development Program in the 78415 Zip Code area.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
Minutes - Regular Council Meeting
August 21, 2001
Page 7
16.c. M2001-313
Motion authorizing the City Manager or his designee to execute a subcontract with the Boys
and Girls Club of Corpus Christi in the amount of $20,318 to provide services for youth ages
17 years of age and under in the 78415 Zip Code area.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
16.d. M2001-314
Motion authorizing the City Manager or his designee to execute a subcontract with
Communities in Schools, Inc. in the amount of $351,218 to provide services for youth ages
6 to 17 in the 78415 Zip Code area.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
16.e. M2001-315
Motion authorizing the City Manager or his designee to execute a subcontract with the Park
and Recreation Department in the amount of $20,449 to provide services for youth ages 6
to 17 in the 78415 Zip Code area.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
16.f. M2001-316
Motion authorizing the City Manager or his designee to execute a subcontract with Youth
Odyssey, Inc. in the amount of $33,714 to provide services for youth ages 12 to 17 in the
78415 Zip Code Area.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
17. FIRST READING ORDINANCE
Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Article VIII. Schedules,
Sections 53-250 - 53-258, Section 53-250 - Schedule I, One-way Streets and Alleys,
Subsection (a-1) School Areas, by establishing a one-way traffic pattern north on Palmira
Drive in the direction from Almeria Avenue to Encantada Avenue during the school hours
of Seashore Learning Center Charter School; providing for penalties.
Minutes - Regular Council Meeting
August 21, 2001
Page 8
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
18. ORDINANCE NO, 024545
Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Section 53-254, Schedule
V, Increase of State Speed Limit in Certain Zones, by decreasing the speed limit on Up River
Road from 40 to 35 MPH between Harney Road and a point approximately 1,200 -feet west
of Rehfield Road; providing for penalties.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
19. FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute a ten-year lease with the
Corpus Christi Model Railroad Club, Inc., a non-profit organization, for the use of City
property at 821 Louisiana Avenue for recreational purposes and in consideration of Corpus
Christi Model Railroad Club, Inc., maintaining the premises and improvements and opening
the facility to the public.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
20. FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute a five-year lease with
Great Westem Soccer League, a non-profit organization, for the use of City property, to wit:
Terry and Bobby Labonte Park, for its soccer program and in consideration of Great Western
Soccer League maintaining the premises and improvements.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
21. FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute Lease No. DTFA07-02-
L-00805, on land at Corpus Christi International Airport, terminating September 30, 2002,
with option to renew annually through September 30, 2011, with the U.S. Department of
Transportation, Federal Aviation Administration (FAA) for the operation of an engine
generator and underground fuel tank in consideration of the obligations assumed by the FAA
in its establishment, operation and maintenance of the facilities upon the leased premises.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Minutes - Regular Council Meeting
August 21, 2001
Page 9
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
22. ORDINANCE NO. 024546
Ordinance changing the name of Elbow Drive to Pescadores Drive between Almeria Avenue
and Park Road 22.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
23. ORDINANCE NO. 024547
Ordinance amending Section 53-97 of the City of Corpus Christi Code of Ordinances to
update statutory references, to allow permitted vehicles access onto non -roadway areas, and
to provide for issuance of access permits.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 8, air quality research projects. Council Member
Colmenero asked City Manager Garcia to briefly explain this item. Mr. Garcia said the city has
received this grant previously and it will be used to continue the air quality monitoring program,
which provides a variety of information on pollution levels. City Secretary Chapa polled the Council
for their votes as follows:
8.a. RESOLUTION NO. 024537
Resolution authorizing the City Manager or his designee to execute a State Funded Grant
Agreement with the Texas Natural Resource Conservation Commission in the amount of
$884,600 for air quality planning activities.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
8.b. ORDINANCE NO. 024538
Ordinance appropriating $884,600 from the Texas Natural Resource Conservation
Commission in the No. 1050 Federal/State Grants Fund for air quality planning activities.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
Minutes - Regular Council Meeting
August 21, 2001
Page 10
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 25, water supply update. City Manager Garcia said
even though this region has experienced droughts in the past, this is the first time it has had two
independent sources of water --the Lake Corpus Christi/Choke Canyon Reservoir and the Mary
Rhodes Pipeline. He said for some time the area has been taking approximately 50% of its drinking
water from the pipeline.
Mr. Ed Garafia, Water Superintendent, used a computer presentation to review historical
reservoir levels and the projection of future system storage. He said the revised agreed order with
the Texas Natural Resource Conservation Commission (TNRCC) includes the following conditions:
when the combined reservoir levels drop below 50% of capacity, an enhanced drought awareness
campaign is initiated; below 40%, there is no vegetation watering between 10 a.m. and 6 p.m.; and
below 30%, the daytime watering restrictions stay in effect and lawn watering can only be done every
five days; in addition, freshwater pass-through requirements are suspended. Mr. Garafia also
discussed several enhanced mandatory conservation measures which will be triggered when the
reservoir levels drop below 25% and severe mandatory conservation measures below 20%.
Mr. Garafia responded to Council Member Noyola's question about testing of plumbing lines.
Replying to Council Member Kinnison, Mr. Garcia said it is very hard to estimate the number of
gallons of water saved by implementing the conservation measures. The only measurable
information the city has is the amount of water consumption per month per household. He said when
the reservoir levels drop below 15%, the city will begin to limit the amount of water usage per
household. Mr. Garafia also discussed large non-residential customers and irrigation of golf courses.
Mr. Garcia pointed out that the situation is much different today than it was in 1996 when
the lake levels were at comparable levels because at that time the reservoirs were the region's only
source of water. The situation is not as severe because of the use of the Mary Rhodes Pipeline. Mr.
Garafia said Water Department employees are going out into the community to educate citizens
about conserving water and notifying them that violations may result in fines up to $500. He added
that by tomorrow the city should have a completed contract for an additional 4,500 acre-feet of
interruptible water from Lake Texana. He said next week staff will make presentations on the
Garwood and desalination action plans. Mayor Neal said next week the Council also needs to review
the reservoir management plan, particularly with regard to drawing down Choke Canyon.
Responding to Council Member Colmenero, Mr. Garafia said that in 1996 the city briefly
implemented Condition III of the drought management plan. He also described regulations regarding
agricultural land and fire hydrants. He said staff expects the lake levels to drop below 25% in
November if there is no significant rain in the reservoirs.
Council Member Garrett asked about the city -owned wells. Mr. Garafia said it would take
about 30 days to rehabilitate the wells in order for them to be operable. Mr. Garrett asked about
Sinton's water supply, and Mr. Garafia said it is the only community in the area which has its own
independent water supply (groundwater), meaning it does not utilize Corpus Christi's water supply.
Minutes - Regular Council Meeting
August 21, 2001
Page 11
Mr. Kinnison asked about the interruptible water from Lake Texana. Mr. Garafia said there
is a very good chance that Corpus Christi will be able to receive that water this year. He said the
Garwood Irrigation Company project is located around Bay City and it will draw 35,000 acre-feet
from the Colorado River. Council Member Noyola asked about watering plants. Mr. Garafia said
potted plants, shrubs, trees, etc. can be watered every day of the week except between 10 a.m. and
6 p.m. Mayor Neal requested an update on the wells next week.
* * * * * * * * * * * * *
Mayor Neal referred to Item 24, a presentation by the Texas Department of Transportation
(TXDOT) on the Crosstown Expressway (SH 286) extension interchange and other local projects.
Mr. Angel Escobar, Director of Engineering Services, introduced Mr. David Casteel, who became
the TXDOT District Engineer for the Corpus Christi District on August 1, 2001. Mr. Casteel
introduced Mr. Eddie Guernsey, one of the primary designers of the interchange project, and Mr.
Steve Rosiek, President of Rosiek Construction, the contractor.
Mr. Casteel noted that the first phase of the project, which was completed in 1995, consisted
of building the frontage roads and installing the drainage system from South Padre Island Drive (SH
358) to Saratoga Boulevard at a cost of $8.6 million. In May 2001 TXDOT let the contract for the
construction of the interchange and Rosiek Construction was awarded the bid for approximately $55
million. He said this project will allow for improved traffic flow to the south side and will involve
six phases over four years, which he briefly explained.
Mr. Casteel said this project has received extensive public input and, as a result, three major
changes have been made: the existing exit from SPID eastbound to Ayers Street in front of
Tinseltown Theaters will remain open; the existing entrance and exit ramps on the Crosstown
southbound lanes between Gollihar and Horne streets will remain in place; and a Greenwood exit
ramp will be added off of the connector from Crosstown southbound to SPID westbound. Mr.
Casteel and Mr. Escobar then responded to Council questions on the interchange project.
Mr. Casteel also discussed the raising of the JFK Causeway (Park Road 22), which is
scheduled to be let in November 2001 at a cost of about $45 million. He said that project will raise
the roadway to at least 9 feet above sea level and improve the Humble Channel crossing. Other
projects Mr. Casteel reviewed were McArdle Road, Spur 3 (Ennis Joslin Road), Airline Road, and
Leopard Street. He said the 10 -county district has about $200 million under contract at this time.
* * * * * * * * * * * * *
Mayor Neal referred to Item 26, and a motion was made, seconded, and passed to open the
public hearing to consider Zoning Ordinance text amendments. Mr. Michael Gunning, Director of
Planning and Development, said the proposed amendments are divided into four areas: definitions;
amendments to the recently created "B -1A" Neighborhood Business District; amendments to certain
parking regulations regarding the uses identified in the ordinance; and an amendment to Article 29
regulating the Board of Adjustment regarding the bed and breakfast (B&B) facility uses.
Minutes - Regular Council Meeting
August 21, 2001
Page 12
Mr. Gunning further explained the amendments, saying that definitions will be added for
animal hospitals, assisted living facilities, bed and breakfasts, private garages, conunercial vehicles,
kennels, and mini -storage facilities. He said the changes to the `B -1A" District being proposed are
to eliminate the restaurant use (and all associated performance standards) and to include B&Bs and
assisted living uses In addition, staff is recommending modifying the screening fence requirements.
With regard to the parking regulations, Mr. Gunning said the proposal is to modify the title
itself to "off-street parking," address parking requirements for assisted living facilities and B&Bs,
and establish regulations for access drives. The proposed text amendments for the Board of
Adjustment deal primarily with B&B uses. He said staff is recommending establishing performance
standards to address the following: location of trash receptacles, parking allowances and restrictions,
outside activities, separation between B&Bs, hotel/motel tax and the number of rooms. He said there
will be two classifications of B&Bs --"bed and breakfast home" and "bed and breakfast inn." Mr.
Gunning said two public hearings were held before the Planning Commission on June 6th and July
18th on the proposed Zoning Ordinance text amendments.
Mr. Jay Reining, First Assistant City Attorney, said the kennel ordinance was the result of
a settlement about two years ago in the case of Tony Bender v. City of Corpus Christi, in which the
City Manager agreed to present proposed amendments to the Zoning Ordinance and the animal
control ordinances for the Council to consider. He noted that the settlement does not require the
Council to adopt the amendments. He said the amendments provide that kennels can be kept in
industrial districts ("I-2" or "I-3") with a 100 -foot separation from any adjoining residential districts
with the exception of "F -R" Farm Rural District. In addition, the amendments address the number
of animals kept, building code issues on the first application, and location of kennels in relation to
food services facilities.
Responding to Council Member Colmenero, Mr. Gunning referred to the amendment
regarding private garages, which calls for a change in the wording from a maximum two -ton vehicle
to a maximum one -ton vehicle. To give an example, he said an F350 truck is a three-quarter ton
vehicle. Mr. Colmenero asked several questions about the proposed regulations for bed and breakfast
uses, to which Mr. Gunning responded. He said the location restrictions are meant to prevent the
proliferation of B&Bs within the same block and neighborhood. He noted that the concept of B&Bs
is to promote the same residential character as the adjoining homes and most people do not know
they are present unless they are pointed out. Mr. Gunning said he was aware of only two B&B uses
in single-family zoned areas in the city at this time --one on Ocean Drive and another on Atlantic.
Council Member Kinnison asked about the kennel amendments. Mr. Reining said they would
permit Mr. Bender to operate his kennels. Mr. Kinnison also asked about existing B&B uses. Mr.
Gunning said there may be additional B&Bs in single-family areas but it is difficult to determine that
since they were not required to obtain a certificate of occupancy when they opened but they will be
required to do so under the new ordinance. He said if a B&B owner is using four bedrooms or less,
it will be considered a "grandfathered" use. However, if the owner wants to increase the number of
bedrooms allowed to five, he would have to go through the public hearing process with the Zoning
Board of Adjustment (ZBA) for a B&B home. He explained why staff is recommending going
Minutes - Regular Council Meeting
August 21, 2001
Page 13
through the ZBA as opposed to the Planning Commission. He said staff is trying to balance the needs
of the B&B operators with the needs of the neighbors. He added that some B&Bs are already located
in other zoning areas.
Council Member Kelly asked if there are any zoning regulations which impact on a B&B
owner's right to serve liquor. Mr. Gunning replied that there are none, with the exception of alcohol
sales, which is regulated by the state of Texas. He noted that this ordinance does not have a retail
component for the sale of anything. Responding to a question from Mr. Kelly about the ZBA's
determinations, Mr. Gunning said he did not see a problem with the ZBA considering uses such as
special occasion events for a B&B where there is consent between the owner and the neighbors and
performance standards are established. Mayor Neal asked about the composition of the ZBA, and
Mr. Gunning said it is a seven -member board (two are alternates) appointed by the Council who hear
appeals from the Zoning Ordinance.
Council Member Noyola said he thought B&Bs were traditionally quiet places to stay and
he questioned parties being held at them. Mr. Gunning replied that there is probably no reason why
someone could not hold a reception at a B&B facility provided it is not something that is rented out
or commercialized. He commented on events held at Ocean House, which has hosted large parties
(such as a wedding reception) which involved valet parking. Mayor Neal called for public comment.
Mr. S.M. Cowling, 138 Southern, asked how neighbors who live outside the 200 -foot
notification area will become informed about hearings for proposed special use permits. Mr.
Gunning said if someone wants to open a bed and breakfast home in a residential neighborhood, he
will have to make an application with the ZBA. City staff will send out notices to those within 200
feet advising them of the hearing; in addition, an agenda of the hearing will be posted and there will
be a notice in the newspaper. Mr. Cowling asked if the process can be changed so that a petition for
a B&B would come before the City Council. Mr. Gunning said that would be an option.
Mrs. Dorothy Spann, 502 Del Mar, said these proposals would override the deed restrictions
in the Del Mar neighborhood. City Attorney Bray said that deed restrictions are covenants between
property owners, who can enforce them against one another but the city cannot enforce them. In
addition, the city cannot overrule deed restrictions with an ordinance. Mrs. Spann said the Del Mar
Neighborhood Association is trying to achieve a historical designation and she expressed concern
about the existence of the bed and breakfast on Atlantic Street. She urged the Council to withdraw
the B&B amendments.
Ms. Donna Mickley, 141 Atlantic, said she owns a bed and breakfast at that location. She
said she has extended invitations to her neighbors to visit her facility, which has four guest rooms.
She said her B&B is very quiet and she spent a lot of time preparing to open her business in
conformance with the regulations. She said according to the Texas Alcoholic Beverage Commission,
she cannot serve alcohol of any kind, even if she gives it to her guests, because they are paying to
stay there and in turn would be paying for the alcohol. However, she said the TABC says guests over
21 can bring in their own alcohol.
T
Minutes - Regular Council Meeting
August 21, 2001
Page 14
Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero and
passed. Mayor Neal said there is a difference between a traditional bed and breakfast in which a
person spends the night, has breakfast the next morning, and then leaves, and a B&B which hosts
parties, such as the B&B on Ocean Drive. Mr. Colmenero said many clarifications need to be made.
Council Member Chesney said he thinks some consideration should be given to
"grandfathering" existing B&B uses while potentially establishing further restrictions to address the
neighbors' concerns. He also said he believes the Council --rather than the ZBA--should be making
the final decisions on such issues.
Responding to Mayor Neal, Mr. Bray explained that the four -boarder rule that currently exists
is not being proposed to be changed. He gave examples of situations that would violate the current
ordinance: if four couples (as opposed to four individual boarders) stay in a B&B home that has four
bedrooms, and if someone in a residential neighborhood is holding parties and receptions for
remuneration of any kind. He further explained that the remuneration that the B&B owner is allowed
to receive under the ordinance is only for the bed and breakfast function from the individual lodgers.
Mr. Kinnison said he felt the bed and breakfast regulations needed to be discussed in more
detail but he did not want to hold up the other Zoning Ordinance text amendments. Mayor Neal said
the Council can pass the ordinances on first reading and those that do not deal with B&B uses (Items
26.c. -e.) can come back for second reading and staff can continue to work on the B&B proposals.
City Secretary Chapa said the items the Council was considering on first reading were those
presented in the agenda book and not the substitute ordinance. He then polled the Council for their
votes as follows:
26.b. FIRST READING ORDINANCE
Ordinance amending the Zoning Ordinance by revising Article 3, Definitions, Article 4A,
"F -R" Farm -Rural District Regulations; Article 4B, "RE" Residential Estate District
Regulations; Article 4C, "RA" One -family Dwelling District Regulations; Article 5, "R -1A"
One -family Dwelling District Regulations; Article 6B, "R-TH" Townhouse Dwelling District
Regulations; Article 7, "R-2" Multiple Dwelling District Regulations; Article 8, "A-1"
Apartment House District Regulations; Article 8A, "A -1A" Apartment House District
Regulations; Article 9, "A-2" Apartment House District Regulations; Article 10, "AT"
Apartment - Tourist District Regulations; Article 11, "AB" Professional Office District
Regulations; Article 12A, "B -1A" Neighborhood Business District Regulations; Article 14A,
"BD" Corpus Christi Beach Design District Regulations; Article 15, "B-3" Business District
Regulations; Article 16, "B-4" General Business District Regulations; Article 22, Parking
Regulations; and Article 29, The Board of Adjustment.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
Minutes - Regular Council Meeting
August 21, 2001
Page 15
26.c. FIRST READING ORDINANCE
Ordinance amending the Zoning Ordinance by revising Article 3 by adding a definition of
kennel and Article 20, Section 20-5 and Article 21, Section 21-6 by requiring buildings and
structures used to house animals, birds, and poultry at animal shelters, kennels, and
commercial establishments that raise animals, poultry, and birds within an "I-2" Light
Industrial District and "I-3" Heavy Industrial District to be set back at least 100 feet from any
required yard lines if abutting or adjoining a residential district.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
26.d. FIRST READING ORDINANCE
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 6, Animal
Control, regarding commercial permits, fees, and spacing requirements, and providing for
penalties.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
26.e. FIRST READING ORDINANCE
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 19, Food and
Food Establishments, regarding required separation between food establishments and kennels
and other businesses used to house animals, and providing for penalties.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
Mayor Neal referred to Item 27, and a motion was made, seconded, and passed to open the
public hearing to determine the feasibility of selling certain park lands. Mr. Tony Cisneros, Director
of Park and Recreation, explained that on November 7, 2000 the voters approved a referendum
giving the city permission to divest itself of particular pieces of unusable park land. He said eight
properties are included in this resolution: Arcadia Village Park, 1.441 acres; Meldo Park, .964 acres;
Tuloso Park, 1.217 acres; Martin Luther King Dr., .216 acres; Southbay Park, .23 acres; Highland
Avenue Park, .005 acres; Parkview Park, .118 acres; and Ayers Street Park, .7 acres.
Council Member Noyola asked if there were any potential buyers. Mr. Cisneros replied that
there has been quite a bit of interest and the next step is to advertise the parcels that will be for sale.
Any proceeds will go back into the Unrestricted Park Trust Account for future use for either park
improvements or the acquisition of park land.
Minutes - Regular Council Meeting
August 21, 2001
Page 16
There were no comments from the audience. Mr. Kelly made a motion to close the public
hearing, seconded by Mr. Colmenero and passed. City Secretary Chapa noted that staff had
submitted a substitute resolution that changes the caption. Mr. Garrett made a motion to amend Item
27.b. to substitute a revised resolution, seconded by Mr. Colmenero and passed. Mr. Chapa polled
the Council for their votes as follows:
27.b. RESOLUTION NO. 024548
Resolution finding, upon public hearing, that certain parcels of real property owned by the
city and designated as park lands have no feasible and prudent use as park lands and that all
reasonable planning efforts have been made to minimize harm to the city's remaining park
lands as a result of the sale or disposal of the specified parcels.
The foregoing resolution passed, as amended, by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, and Noyola voting "Aye"; Longoria, Kinnison, and Scott absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 28, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
28. Case No. 0701-03. Alfonso G. Benavides: A change of zoning from "R -1B" One -family
Dwelling District to a "B-1" Neighborhood Business District on Rolling Acres No. 1, being
the northwesterly 107 feet of Tract 16, located on the south side of Leopard Street,
approximately 220 feet east of Roundtree Circle.
City Secretary Chapa said the Planning Commission recommended approval of the "B-1"
Neighborhood Business District and staffrecommended denial of the `B-1" Neighborhood Business
District. He said there is an ordinance before the Council which grants the rezoning request.
Mr. Gunning said the applicant wishes to open and operate a cake specialty store within their
existing residence, which is located in an area predominantly zoned for single-family development.
He said the Planning Commission voted to recommend approval of the `B-1" with one commissioner
opposed. Staff is of the opinion that granting the "B-1" zoning or a special permit in this area would
basically set up the adjoining properties to be eventually rezoned to commercial uses. Mr. Gunning
referred to a site map and photographs showing the property's location on the 9000 block of Leopard
Street as well as the adjoining properties.
Council Member Chesney asked why the Planning Commission recommended approval. Mr.
Gunning replied that they felt the "B-1" District is designed to be compatible with adjoining
residential areas and they felt the applicant presented a good case. He said the Northwest Area
Development Plan contemplates that the area across Leopard Street to the north would be
commercialized while the subject area would remain low-density residential.
Minutes - Regular Council Meeting
August 21, 2001
Page 17
Considering the configuration of the lots and the location of the drainage ditch, Council
Member Kelly questioned whether there would be a serious danger of business use jumping over to
the northern -most lot on Princess Drive across from the existing "B-4" District. He also asked about
the prospect of residential development on the lot immediately east of the subject property. Mr.
Gunning replied that as long as the area retains its residential character, the prospects of continued
residential development are good. However, he said his experience is that when an area is opened
up to commercial development, other development follows.
Mr. Kelly asked what would be some of the more offensive "B-1" uses that could end up on
the subject property if the proposed bakery is not successful. Mr. Gunning said there could be
restaurants (including drive-through fast-food restaurants) and 24-hour convenience stores. Mayor
Neal called for public comment.
Mr. Alfonso G. Benavides, the applicant, explained how he came to purchase the property
for his family and their plans for the bakery. He said while his application to rezone to "B-1" was
approved by the Planning Commission, the Planning Department staff has recommended denial,
citing several concerns. He said he spoke with his neighbors within 200 feet and they were not
opposed to the bakery use. He said the opposing property owner is located across Leopard Street.
Mr. Benavides also said that his property fronts on Leopard Street and has no direct access
to a residential street. He also referred to photographs of his property and the adjacent homes. He
presented the Council with a list of 322 people he and his wife spoke to in the area who support their
plans for their business. He also discussed traffic counts and continuing commercial development
on Leopard Street.
Mayor Neal asked Mr. Benavides when he purchased the property, and he said it was on May
25, 2001. He discussed deed restrictions that are on the property.
Responding to Mr. Kelly, Mr. Benavides said the owner of the lot immediately to the west
was the seller and he is not opposed to the bakery. Mr. Kelly referred to Mr. Benavides' list of
signatures and specifically asked about some of the property owners.
Mr. Garrett made a motion to close the public hearing, seconded by Mr. Kinnison and passed.
Mr. Kelly said he has driven around the subject property and he said it appears that there is
a significant amount of commercial development around it. He said it seems unrealistic to expect that
there will be any future residential development on Leopard Street. He said the existence of a large
drainage ditch behind the subject property should protect the residences on Princess Drive from any
commercial encroachment and he cited the support expressed by most of the neighbors.
Mr. Kelly asked about the possibility of a special permit for the bakery rather than rezoning
to `B-1." Mr. Gunning said if the base zoning remains "R -1B," the owner would not be allowed to
have additional signage; however, they could request "AB" which would allow a 20 -square foot wall
sign that could be converted to a free-standing sign through a conditional sign permit. He said even
T T
Minutes - Regular Council Meeting
August 21, 2001
Page 18
with "AB" zoning, a special permit would be necessary for the operation of the bakery since it is not
allowed as a matter of right. Uses that are allowed in "AB" include hair salons, professional offices
and multi -family uses but not convenience stores or restaurants. Mr. Gunning said if the Council
wishes, he can have the Planning staff meet with Mr. Benavides to develop a special permit that the
Council can consider in about two weeks.
Responding to other questions from Mayor Neal, Mr. Benavides said his property is owner -
financed for 10 years and during that time he cannot sell or lease it. The Mayor questioned what
would happen if the Council rezoned the property to business and the bakery was not successful. He
said Mr. Benavides would be stuck with a commercial property that he could not sell for 10 years.
Mr. Gunning said a special permit would expire in one year but an outright rezoning runs with the
land in perpetuity.
Mr. Chesney said that initially he was uncomfortable with granting the rezoning request but
upon hearing the case he has changed his mind and will defer to Mr. Kelly since it is in his district
and he has taken the time to consider all the ramifications. Mr. Colmenero said he does not believe
that Leopard Street will ever go back to being a residential area. Mr. Kelly said he is more inclined
to rezone to "AB" with a special permit for the bakery use than straight `B-1" zoning. Mr. Noyola
said he concurs with a special permit.
Mr. Kelly made a motion to table this zoning case for two weeks, seconded by Mr.
Colmenero and passed. Mr. Garcia pointed out that the Council's next meeting is not until
September 11, 2001. Mr. Garrett asked Mr. Benavides if he understood the Council's direction to
staff regarding his property. Mr. Benavides said he was concerned about the limitations of the "AB"
zoning as opposed to the `B-1" zoning because he is not sure exactly what it entails.
Mr. Kelly made a motion to amend his original motion to table this zoning case to September
11, 2001 to give staff and the applicant the opportunity to develop "AB" zoning with a special permit
for a bakery, seconded by Mr. Kinnison and passed (Longoria and Scott absent).
TABLED
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enipiclien$ive I'lau.
* * * * * * * * * * * * *
Mayor Neal referred to Item 29, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
29. Case No, 0701-02. Kings Crossing Realty. Ltd.: A change of zoning from an "R -1B" One-
Minutes - Regular Council Meeting
August 21, 2001
Page 19
family Dwelling District, "B-1" Neighborhood Business District, and "B-4" General Business
District to an "R -1C" One -family Dwelling District on Flour Bluff and Encinal Farm and
Garden Tracts, Section 10, being 15.54 acres out of Lots 17 and 18, located along the south
side of Yorktown Boulevard and east side of South Staples Street.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"R -1C" One -family Dwelling District. There was no opposition to the zoning change. Mr. Kinnison
made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa
polled the Council for their votes as follows:
29. ORDINANCE NO. 024549
Ordinance amending the Zoning Ordinance, upon application by King's Crossing Realty,
Ltd., by changing the Zoning Map in reference to 15.54 acres out of Lots 17 and 18, Section
10, Flour Bluff and Encinal Farm and Garden Tracts, from "R -1B" One -family Dwelling
District, "B-1" Neighborhood Business District, and "B-4" General Business District to "R -
1C" One -family Dwelling District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
* * * * * * * * * * * *
Mayor Neal called for a brief recess. Upon reconvening, he called for public comment.
Mr. Jack Gordy, 310 Norton St., discussed the Public Information Act, which went into effect
on September 1, 1996. He said for the last five years the Police Department has been violating the
law. He said they have subsequently received the necessary information and they still do not have
it posted. He said the County Attorney sent a letter to the City Manager telling him the law needs to
be enforced.
Mr. Joe Cole, 4613 Kirkwood, said he is a small general contractor. He said the state does
not require him to have workers compensation insurance but the new regulations for the city's
landfill do require it, which will cost him about $28,000 to $30,000 a year. He said other small
companies will not be able to afford such insurance.
Referring to Mr. Cole's comments, Mr. Ron Massey, Assistant City Manager for Public
Works and Utilities, said that if the state does not require a contractor to carry workers
compensation, then the city will not either as long as that information is verified through the permit
process. Council Member Noyola said the new ordinance is affecting many small businesses.
Mayor Neal explained that there is no mandatory workers compensation statute in Texas. He
said if an employer elects not to be a subscriber, he is supposed to file a non -subscriber statement
Minutes - Regular Council Meeting
August 21, 2001
Page 20
with the state. Mr. Massey said the city's intention is just to enforce what the state law requires and
if an employer opts out, the city will not withhold the permit. The Mayor said the Council needs to
have additional discussion about the pollution liability requirements in the solid waste ordinance.
With regard to Mr. Gordy's comments, Mr. Garcia said staff provided the Council with a
memo detailing their discussions with representatives of the General Services Commission (GSC)
in Austin over the last week. He said the GSC gave the city a written ruling that it should charge 10
cents per page to a victim or victim's agent who requests a copy of an offense or incident report, and
$2 to any other person requesting such reports. He said the city was undercharging for copies of
accident reports and those copies will be $6 each effective September 1, 2001. He said these changes
will result in a net revenue loss of about $10,000 which will be absorbed in the budget.
Deputy City Manager Noe pointed out that incident reports about crimes against persons
(muggings, rapes, etc.) are given to the victims at no charge, but incident reports about other crimes
(burglaries of homes or cars) are provided to the victims for 10 cents per page or $2 for non -victims.
Responding to Mr. Chesney, Mr. Noe said most cities treated accident reports and incident reports
similarly and charged basically the same fee for both. He said a citizen filed a complaint with the
GSC and staff discussed it with them and subsequently received a ruling about it yesterday.
Mr. Garrett asked if the city is now in compliance with the GSC's regulations, and Mr. Noe
said it is. Mr. Garrett added that there is a lot of labor involved in providing reports because of
confidentiality issues.
* * * * * * * * * * * *
*
Mayor Neal opened discussion on Item 30, tethering of animals. There were no comments
from the audience.
Responding to Council Member Garrett, Dr. Nina Sisley, Director of Public Health, said if
a person has a fenced yard, he is not required to tether his animal. She said this proposed ordinance
is different from staffs original proposal in that any method of tethering can be used so long as the
dog does not become entangled and is able to reach food and water. She said the ordinance will give
Animal Control permission to pick up a dog that becomes entangled.
In response to Council Member Kelly, Mr. Jeff Beynon, Director of Animal Control, said the
animal will have to be tangled up on an apparatus for them to impound the animal. Council Member
Chesney said that based on Mr. Beynon's remarks, the point of the ordinance is not whether there
is a possibility of an animal becoming entangled but rather to address the situation when an animal
does in fact become entangled. City Secretary Chapa polled the Council for their votes as follows:
30.a. M2001-317
Motion to amend prior to second reading the ordinance regarding tethering of animals by
substituting a revised ordinance.
Minutes - Regular Council Meeting
August 21, 2001
Page 21
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
30.b. ORDINANCE NO. 024550
Ordinance amending the City Code of Ordinances, City of Corpus Christi, Chapter 6, Animal
Control, Sections 6-2 and 6-20, regarding the restraint of an animal by means of a tether;
providing for penalties in accordance with Section 6-1 of the City Code of Ordinances;
providing for an effective date of September 1, 2001.
The foregoing ordinance passed on second reading, as amended, as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
* * * * * * * * * * * * *
Mayor Neal said one more citizen wished to address the Council under public comment.
Mr. Richard Francis Flynn said he was representing Pro -Life America and he wished to
transfer the abortion issue out of the realm of morality and religion and into the realm of law.
Mayor Neal opened discussion on Item 31, Municipal Court collection fee. There were no
comments from the audience. Responding to Council Member Kinnison, Ms. Barbara Sudhoff,
Director of Municipal Court, said a defendant who is referred to the collection service has already
had all his options before the court. She said if he is deemed indigent, he can comply with
community service. City Secretary Chapa polled the Council for their votes as follows:
31.a. FIRST READING ORDINANCE
Ordinance amending the Code of Ordinances, Chapter 29, Municipal Courts, by creating
Section 29-51, Municipal Court collection fee, to create new collection fee for defendants
with delinquent Municipal Court Payment Orders in an amount of 30% of each delinquent
payment order; and providing for an effective date.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
31.b. M2001-318
Motion authorizing the City Manager or his designee to execute a revision to Section 4.0
Compensation and Section 6.1, Scope of Services of the existing agreement with Linebarger,
Heard, Goggan, Blair, Graham, Pena, and Sampson, LLP to collect outstanding fines on
behalf of the City.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Minutes - Regular Council Meeting
August 21, 2001
Page 22
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 32 regarding the arena project. City Secretary Chapa
said Council Member Kelly had filed a disclosure affidavit and would be abstaining from discussing
or voting on this matter.
Mr. Jorge Cruz-Aedo, Director of Financial Services, said earlier that day the Corpus Christi
Business and Job Development Corporation approved the execution of sales tax remittance and
project agreements for the arena project. He said it entails a $5 million note over a two-year period
with the interest rate on the LIBOR (London Interbank Offering Rate) plus 300 points.
Mr. Jeff Leuschel, of McCall Parkhurst & Horton, said the notes will be sold to the Chase
Manhattan Bank. He said according to the statute creating the corporation, the City Council must
approve the corporation's actions before the notes can be issued. He said the purpose of this
transaction is to allow the land to be acquired for the arena project. He said the sales tax remittance
agreement states that the city agrees to contribute the one-eighth cent sales tax to the corporation for
the arena project consistent with the proposition approved by the voters Last November. In the project
agreement, the corporation agrees to acquire the land and transfer title to the city. Ms. Tina Peterman
with J.P. Morgan then explained the terms and structure of the transaction.
Mayor Neal referred to page 313 in the agenda book regarding the form of the note and he
pointed out that the city cannot co -mingle this transaction with any other funds nor is it being backed
by ad valorem taxes. Mr. Leuschel said the sales tax remittance agreement specifically escrows the
one-eighth of one percent sales tax and therefore it cannot be co -mingled.
Responding to Council Member Chesney, Mr. Cruz-Aedo said this is for the land purchase
and costs associated with that purchase. He said this complies with the ballot measure approved by
the voters. Mayor Neal said the Arena Project Sales and Use Tax Fund is being created.
Council Member Kinnison asked bond counsel to explain why this is a taxable note. Mr.
Leuschel said the reason is that since contracts have not been negotiated with potential users of the
arena, it is impossible at this point to give clear legal advice on whether these obligations could
qualify as tax-exempt obligations. He said when the permanent financing takes place, they anticipate
that a substantial portion of that transaction will be tax-exempt. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes as follows:
32. RESOLUTION NO. 024551
Resolution approving the Resolution authorizing the issuance of notes by the Corpus Christi
Business and Job Development Corporation and the execution of a sales tax remittance
agreement and a project agreement with respect to the arena project.
Minutes - Regular Council Meeting
August 21, 2001
Page 23
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, and Noyola voting "Aye"; Kelly abstaining; Longoria and Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 33, Rodd Field Village Improvement District project.
There were no comments from the audience. City Secretary Chapa polled the Council for their votes:
33. M2001-319
Motion authorizing the City Manager or his designee to execute an engineering services
contract with Urban Engineering in the amount of $89,700 for the Rodd Field Village
Improvement District project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 34, Rincon Bayou project. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
34. M2001-320
Motion authorizing the City Manager or his designee to execute Amendment No. 5 to an
engineering services contract with HDR Engineering, Inc. in the amount of $435,000 for the
Rincon Channel Pipeline project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
* ************
Mayor Neal opened discussion on Item 35. He said he is the Chairman of the South Texas
Military Facilities Task Force, which is informing officials in Corpus Christi, Nueces and San
Patricio counties, the Port of Corpus Christi, and the Kingsville Economic Development Corporation
about the possibility of another round of base closures in 2003. He referred to a proposed budget
approved by the task force members which calls for spending about $400,000 over a 24 -month
period to address the base closure issue.
He said the Council has been invited to travel to Washington, D.C., on October 1-3 with task
force members, where they intend to meet with several key Navy, Army and administration
representatives. He said the task force's proposed budget is divided among the entities based on
population, which he explained. He noted that there were previous base closure rounds in 1993 and
Minutes - Regular Council Meeting
August 21, 2001
Page 24
1995. The Mayor said the Corpus Christi Economic Development Corporation, Chamber of
Commerce, Hispanic Chamber of Commerce, and Black Chamber of Commerce have all agreed to
support the task force's efforts, such as through staff assistance and coordination.
Council Member Kinnison said the Council was also supportive of the task force. Mayor
Neal said he thought it would be helpful for the Council to send a resolution of support to Rep.
Solomon Ortiz, Sen. Kay Bailey Hutchison, and Sen. Phil Gramm as well as a motion regarding
funding opportunities.
Council Member Chesney made a motion directing staff to prepare and bring back to the City
Council for their consideration a resolution expressing support for the region's military facilities and
funding for the South Texas Military Facilities Task Force in the amount of $50,000 per year for the
next two years. The motion was seconded by Mr. Kinnison. There were no comments from the
audience. City Secretary Chapa polled the Council and the motion passed unanimously (Neal
abstaining; Longoria and Scott absent).
* * * * * * * * * * * * *
Mayor Neal announced the following executive sessions, pursuant to Texas Government
Code Section 551.071, regarding the following:
36. City of Edinburg et al v. Central Power and Light Company, 92"d District Court, Hidalgo
County, Texas, with possible discussion and action related thereto in open session;
37. City of Mercedes et al v. Reata Industrial Gas, L.P. et al, No. C -2262-97-G, and City of
Weslaco et al v. Reata Industrial Gas, L.P. et al No. C -2776-97-G, 370' District Court,
Hidalgo County, Texas, with possible discussion and action related thereto in open session;
38. City of San Benito v. PG&E Gas Transmission, Texas, and remaining claim of City of
Corpus Christi related thereto, with possible discussion and action related thereto in open
session;
39. Five Citizens of Corpus Christi v. City of Corpus Christi et al, No. 00-275-G, 310 District
Court, Nueces County, Texas with possible discussion and action related thereto in open
session; and
40. City of Corpus Christi v. John Cornyn, Attorney General of Texas, No. GV 102410, 261"
District Court, Travis County, Texas, with possible discussion and action related thereto in
open session.
The Council went into executive session. The Council returned from executive session.
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Mayor Neal called for the City Manager's report. Mr. Garcia said next week the Council will
have a joint meeting with the Arts and Cultural Commission and during the regular Council meeting
there will be a public hearing on the ad valorem tax rate and several presentations, including one
about the annexation program. He said there will also be an executive session to discuss the Port
Commission.
Minutes - Regular Council Meeting
August 21, 2001
Page 25
Mayor Neal thanked the city employees for their kindness during his wife's surgery and
recovery. He then called for Council concerns and reports.
Mr. Colmenero thanked staff for working with the Corpus Christi Model Railroad Club, and
he asked about the status of the Sesquicentennial Committee. City Secretary Chapa said his office
was waiting for two more Council appointments from Mr. Longoria and Mr. Scott. Once they are
named, the committee can begin meeting. Mr. Colmenero said that a successful Stop Trashing
Corpus Christi event was held last Saturday which involved many young people in District 2 and
other areas of the city.
Mr. Garrett expressed his condolences to the family and friends of Police Sgt. R.V. Cisneros,
who was very active in the Police Officers Association. Mr. Kinnison said that he attended the bond
rating trip to New York recently and during the meetings it became apparent that the agency
representatives are very aware of issues in Corpus Christi. He said the city's financial position has
greatly improved over the last few years.
Mr. Chesney thanked Mr. Cisneros and the Park and Recreation staff for their ongoing
assistance with the "Friends of the Park" plan which will come back to the Council. Mr. Garrett said
he went to the landfill twice last weekend and commented positively about the employees'
assistance. Mr. Noyola thanked Council Members Kelly, Garrett and Chesney for their participation
in the town hall meeting at the Northwest Senior Center on August 13, 2001, which was attended
by 143 people. Mr. Noyola also reported a low -hanging line at Columbia and SPID. Mr. Chesney
said Mr. Garrett has taken the lead in organizing the town hall meetings and more will be held in
each district throughout the city.
Mr. Kelly thanked staff for installing the warning signs at the spillway dam. He also
commented on the town hall meeting last week and asked if the matter involving the Regional
Transportation Authority had been resolved. Mr. Garcia replied that he will find out and let him
know. Mr. Kelly thanked staff for their assistance during that meeting and he said there was much
concern about the placement of the third golf course. He said northwest residents generally feel that
area is under -served.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 8:00 p.m. on August 21, 2001.
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